Claiming UB after self-employment if employed previously

[Dizzy]

Background

• I voluntarily left my fulltime job on 30th June 2004 (small children and stress) (I had 27 weeks PRSI paid at class A in 2004.A full year in each of the preceding 6 years).
• Before I left I was doing ‘spare-time’ work (a network marketing business) outside my normal working hours and I registered for VAT in respect of this business on 1st Sept 2003.
• I was offered work on a contract basis by my former employer and set up a company in Sept 2004 to carry out this work. My husband and I are registered as directors of this company.
• This work fizzled out in June 2005. I supplemented my husband’s full time income with savings which are now exhausted and ‘spare time work’. The company has now got a contract which only involves a couple of days work and will be undertaken and completed in the last week Aug/first week Sept 06.
• I took no salary from the company for the first four months.I paid myself a salary of 500€/mth from Jan 2005 to Jun 2005. As I was a director PRSI was paid at Class S. Although an ‘employee’ of the company I have had a no salary this year (2006) but will take 500€ in Aug 06.
• As my youngest daughter is now at school and neither the network marketing business or the company are providing an income I am now actively seeking part-time (mornings 9am-2pm) employment. This will take time as I am ‘overqualified’ for many clerical jobs and it is very difficult to get part-time ‘managerial’ roles.

Q1 - If I sign on from Sept 2006 (once the kids are at school) am I entitled to UB on the basis of my Class A1 contributions in my former full-time job?
Q2 - If I do - how long does this payment last for?
Q3 – Can I increase my PRSI paid while a director to class A rather than class S (backdated)? What effect would this have on my eligibility?

Q4 – Will the fact that I am looking for part-time work rather than ‘full-time’ work cause a problem with the ‘available for work’ requirement?
Q5 – Will the fact that I would still be a director of a company be a problem although I would not be receiving any income or working more than the odd hour here and there.?
Q6 – Can I use the P45 from 2004 or will I have to produce one for 2006. Do I have to resign as a director to give myself a P45 (company has to have two directors).

I know there are loads of questions here but any help with any of them will be much appreciated !!

 

[homeowner]

Q3 – Can I increase my PRSI paid while a director to class A rather than class S (backdated)? What effect would this have on my eligibility?

AFAIK you cant. Self employed people pay class S and you cant volunteer to change.

Q5 – Will the fact that I would still be a director of a company be a problem although I would not be receiving any income or working more than the odd hour here and there.?

I would imagine that if you go to social welfare they will look up your pps number and see that you last paid prsi on class S. They will question you on the details of your employment through your company and means test you to see if you qualify for social welfare.
The only thing I could see going in your favour is that you paid class A for a number of years and may have build up enough credits to claim dole.

Q6 – Can I use the P45 from 2004 or will I have to produce one for 2006. Do I have to resign as a director to give myself a P45 (company has to have two directors).

Social welfare will have you prsi details on their system so they will know your payment history. Since you have been drawing a salary from your company you are an employee of the company. You can still claim dole if you are not earning a salary but you will be means tested.
You can remain as a director but make yourself redundant from your company and issue yourself a P45 but you cannot then go and draw a salary later on in the year if you do this. You can be a director without being "employed" by the company.

 

[Dizzy]

Thanks for that. Have decided to wind down company so will no longer be employee.
Previous A1 contributions should qualify me for UB. Will be signing on in the coming week so we'll see....

 

[Dizzy]

Have signed on and have been given unemployment bebefit on basis that company has no earnings since June 2005 and that although I am a director I am not drawing any salary(employed) .
Re other 'spare time' work I wrote a letter outlining average hours and earnings a month and showing that it did not affect availability for 'full-time' work